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MAHARASHTRA NATIONAL LAW UNIVERSITY, MUMBAI

CITIZENSHIP & IMMIGRATION LAW

SEMESTER X

FINAL DRAFT

Topic: Global Implications of India's Citizenship Amendment Act 2019

Submitted By: Sakshi Salunke(2017043)

Submitted To: Prof. Abhijit More

Date: 15 – 04 – 2022

B.A.,LL.B(Hons.) – 5th Year – 2022

INDEX

Sr.No. Chapters Page No.

1. Introduction 3
1.

2. The Controversial Citizenship Law and Its Raison D’etre 3

3. The Genesis of The Anti CAA Protests 5

4. Melting India’s Global Image - The Ill Effect Of CAA 7

5. Losing Allies in Global Politics 9

6. Economic Setback After CAA 10

7. Conclusion 11

8. Bibliography 11
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Introduction

The Citizenship Act of 1955, which takes effect from Part II of the Constitution, particularly
Articles 5 to 9, acknowledges an individual as a citizen by virtue of birth, descent, registration,
and naturalisation. The Citizenship Act was amended five times during the previous
administration, in 1986, 1992, 2003, 2005, and 2015. The current Modi government proposed
yet another amendment, which sparked nationwide demonstrations. The Government of India's
revision to the Citizenship Act of 1955 is being passionately debated across all forums.
Advocates for the Citizenship (Amendment) Act, 2019 (CAA) have argued vehemently in
favour of its constitutionality and necessity, ignoring all worries and apprehensions about its
potential negative influence on the country and its people. There's little doubt that India's
widespread protests the contentious Citizenship Amendment Act 2019 (CAA) have highlighted
the country's and worldwide community's deep divisions. In the aftermath of CAA, the world
press constantly reports on the damage done to India's settled foreign policy and worldwide
status. The key issue is that India is rapidly slipping into global isolation, and even its closest
allies have questioned the country's constitutional commitment to minorities' rights. In
unusually harsh language, the UN criticised the Citizenship Amendment Act 2019's explicit
discriminatory aspects. Nonetheless, the current situation demonstrates that the country is not
immune to foreign criticism. Another significant concern is whether India is adequately
equipped for its relations with the UN, the Middle East, and the EU to be strained. The western
media has categorised the country as an infamous "majoritarian state" of the world, where
minorities' human rights are routinely violated, religious and cultural freedoms are severely
restricted, and ethnic violence is prevalent. The major goal of this article is to examine India's
foreign relations and diplomatic issues in the current context, as well as to investigate the
consequences of shifting dynamics for international approaches to India in the wake of the
disputed Citizenship Amendment Act 2019.1

The Controversial Citizenship Law and Its Raison D’etre

1
https://www.theiwi.org/gpr-reports/india-citizenship-amendment-act-muslim-women
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The controversial Citizenship Amendment Act 2019's raison d'être is based on two basic
grounds: alleged religious persecution in three Muslim-majority countries and correcting
partition mistakes. When you look at the explanations, they appear to be convincing, even if
they are both false and historically inaccurate. Because these non-Muslims have nowhere else
to go but India, the ruling dispensation was bolstered by an emotional theme of "ensuring
justice to the victims of religious persecution." Nonetheless, this argument received little
support and offered no solution to the problem of unfairness. Even a cursory examination of
CAA reveals flaws in the government's claim that the legislation is intended to correct Partition
errors. Those flaws were adequately addressed when the Constitution enacted Article 6, which
recognised and restored the rights of those who had fled to India from Pakistan during those
turbulent times. The CAA is riddled with inconsistencies and cannot withstand legal scrutiny.
CAA categorization, for example, is not justifiable in the context of Articles 14, 21, and 25 of
the Indian Constitution. The administration offers no explanation for why religious minorities
in Muslim sects such as Shias, Baloch, and Ahmediya were excluded, despite their members
enduring severe religious persecution in Pakistan, Bangladesh, and Afghanistan. Furthermore,
the government has no explanation for why persecuted groups from other neighbouring
countries, such as Myanmar's Rohingyas, Nepal's Madhesis, Sri Lanka's Tamil Elam, and
Chinese Muslims, were conspicuously excluded from the current Citizenship Amendment Act
2019's idea of "secularity, progressiveness, and inclusivity." Persecution of Ahmadis and Shias
in Pakistan, Taslima Nasrin in Bangladesh, and Salman Rushdie in almost every Islamic
country are only a few examples. Religious persecution is not always based on the victim's
religion, as the CAA fails to recognise. The future legal implications of the modification must
also be considered. Previously, under Section 6 read with the Third Schedule of the Citizenship
Act of 1954, "an illegal migrant" was refused citizenship even during the naturalisation process.
According to Section 2(b), an unlawful migrant is someone who does not have the required
passport or travel documentation. As a result, whether a person was an illegal migrant was
simply a function of whether they had the necessary travel documentation. Surprisingly, the
CAA has narrowed the usual definition by including a religious component. Regardless of the
lack of travel documentation, Parliament has basically decided that a Muslim will remain an
illegal migrant, whilst a non-Muslim will not.2

2
https://www.orfonline.org/expert-speak/analyzing-global-response-to-the-controversial-citizenship-
amendment-act-59529/
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Non-Muslim groups do not need to be of Indian origin to be excluded from the concept of
unlawful migrants. This again makes a mockery of the CAA's "protection of persons of Indian
descent" objectives. "Afghanistan, Bangladesh, or Pakistan" is all that is required. What exactly
does the word "from" imply? Are you a citizen? Are you a local? Are you a transport passenger?
Is it possible that you're an undocumented traveller? Is he a spy or an extra-terrestrial? Because
there is no requirement to be of Indian ancestry or to show such ancestry, an immigrant could
apply under the terms of the CAA, confirm admission on or before December 2014, and be
eligible for citizenship. A Muslim of Indian ancestry, on the other hand, would be denied such
a privilege. This may allow many unwanted elements to sneak through the cracks, even
sacrificing national security on the altar of religious jingoism. The main national security issue
raised by the CAA is that Pakistan's ISI could use the legal framework given by the CAA to
force their "own people" into India. This serious national security threat posed by CAA must
not be overlooked, as RAW has previously expressed its concerns to the Joint Committee of
Parliament that examined the expired Citizenship Amendment Bill 2016.3 The concerns of
India's main intelligence agency are totally genuine and valid; there is a strong possibility that
India's neighbours may send spies to India under the guise of "persecuted minority," with the
goal of expanding the ISI network's intelligence tent in the Indian subcontinent. Why doesn't
India have an efficient policy/legislation for victims of religious persecution seeking asylum,
if the government doesn't intend to carry out a political programme and only wishes to
safeguard the rights of people who are victims of religious persecution? As is the situation in
most countries, such a policy/legislation would suffice to accomplish the goal. In time, the
customary law of citizenship through naturalisation could take over.4 The fact that these
Articles were created, disputed, redrafted, and re-debated over a two-year period, ending in
their ultimate form on August 12, 1949, demonstrates how perplexing the issue was at the time.
Unfortunately, the current Union government has managed to sneak into the constitutional
charter what the founding fathers rejected more than 70 years ago, thanks to its overwhelming
majority in Parliament. Some members of the Constituent Assembly attempted to introduce
religion-specific citizenship criteria, which were roundly rejected by the majority.5

3
https://www.dw.com/en/one-year-of-indias-citizenship-amendment-act/a-55909013
4
https://thediplomat.com/2020/06/did-the-controversial-citizenship-amendment-act-affect-indias-international-
position/
5
https://www.wionews.com/opinions/analysing-global-response-to-indias-citizenship-amendment-act-274368
 Page |6

The Genesis of The Anti CAA Protests

On a domestic level, the CAA's spiralling protests, combined with the proposed NRC, are
simply refusing to go away for a variety of reasons. Anti-CAA demonstrations, which began
as student demonstrations, have now taken on a broad dimension, with cross-class
participation, large mobilizations, and, most notably, a degree of spontaneity. Although it
announces a vision of India that is obviously distinct from the underlying idea of the
Constitution of India, the CAA is not notable for its discriminatory element. Furthermore,
demonstrators' grief is not limited to why Muslims have been singled out; the draconian
legislation's ill-effects would also have a negative impact on Dalits and Tribals' social,
economic, and cultural rights. Notably, the protestors are not solely from minorities, but Dalits
and Tribals communities are too thronged to the streets against this discriminatory legislation
because it attacks the very idea of India, which we cherished since time immemorial. The
Indian history is the history of caste, religion, and gender-based atrocities and discrimination
and the Constitution of India drafted by Dr B R Ambedkar based on sole philosophy, i.e.,
equality and liberty to all. This contentious legislation forbids the primary and most sacred
principle of the Constitution of India. Shockingly, the BJP led government is not keen to admit
the fact that religious animosity and murderous riots of the past several centuries have
demonstrated the dangers of extreme nationalism and there is no place of such ultra-nationalism
in a highly diversified country like India. India's major minority community, i.e., Muslims have
frequently suffered in countless communal and ethnic conflicts alongside Dalits and Tribals
communities. It is perhaps undeniable that we can, ultimately, live a life of civility only when
we live in a secular and tolerant society.6 To reiterate what has been suggested above, history
tells us how to lead a good social life, and political theory tells us that such a life can only be
led in a good society and within a state that reins in and inhibits the ugliness of religious hatred,
communalism and vulgar human ambitions and fosters solidarity. The Indian state under the
present dispensation must understand that to inhabit a state that ensures dignity and respect to
each person to pursue our ambitious plan and projects. For these, and other reasons, we need
to reiterate our commitment to building a good society, unless we wish to be dismissed by
history as just another social order that does not value minorities rights, social harmony,
equality, and liberty. In any case, in modern India, we simply do not have the luxury of living
apart. Indians must relearn how to live together in civility, and such laws jeopardise the very

6
https://egazette.nic.in/WriteReadData/2019/214646.pdf
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idea of India. This is not only fundamental to civic harmony but also essential to international
peace, security, and prosperity. The Indian Constitution draws its inspiration from the Magna
Carta, Bill of Rights, Nehru Committee Report 1928, UDHR 1948 and other international
covenant that makes it best Constitution of the world. Indian Constitution acknowledges the
imperatives of modern egalitarian and enlightened society, and the society must be free from
all sorts of biases, discrimination, deprivation. Since Indian history is a history of struggle
against all sort of apartheid, racism and ethnic violence and many provisions have been
incorporated in the Constitution to provide constitutional protection to certain vulnerable,
deprived and minorities groups of establishing a society free from all sorts of discrimination.
The latest Citizenship Amendment Act 2019 basically contradicts India's established position.
The international media routinely publishing the police highhandedness against the protestors,
excessive use of force against the students and muzzling the dissenting voices of intellectuals,
artists, students, and oppositions parties. All these developments are frequently coming in
international media that highlighted the ruthless face of the Indian state and questioned India's
claim of being secular and a heterogeneous society in the international community.7

Melting India’s Global Image - The Ill Effect Of CAA

The core issue of present discussion here is that are we waning our great position from the
global stage due to this contentious legislation? This answer is in a positive note. Why?
Because since the enactment of the controversial Citizenship Amendment Act 2019 by the
Indian Parliament, we have been losing our trusted allies from global politics. Senior diplomat
and former national security advisor, Shiv Shankar Menon, has termed the present crisis in
following words, "The CAA and the revocation of Article 370 from Jammu and Kashmir, these
two incidents had led to India being isolated from the international community, even our
traditional allies questioning our action." India's international humiliation continues since the
revocation of Article 370 from the state of Jammu and Kashmir in August 2019 and the
unanticipated reaction received from the international community especially from United
Nations, United States, European Union, and China. In September 2019, at UN General
Assembly annual meet Malaysia and Turkey come down heavily against India over the issue
of revocation of special status from Jammu and Kashmir, prolonged locked-down and violation

7
https://lordslibrary.parliament.uk/research-briefings/lln-2020-0058/
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of human rights.8 President Recep Erdogan of Turkey raised human rights issue of people of
Kashmir and asked for the solution of the problem through justice and equality instead of
conflicts, denial of fundamental rights and state-sponsored violence, while addressing the UN
General Assembly on September 24, 2019. After the flak from Turkey, Malaysian PM
Mahathir Mohammed acknowledged that his remarks at the annual United Nations conference
in New York made an adverse impact on bilateral ties between India and Malaysia. He
described the current tense situation between the two nations a kind of economic war. The
economic rift with Malaysia at such juncture when the Indian economy was already dwindling
show sheer diplomatic fiasco.9 India's great global prestige further melted down when the
Indian parliament passed the contentious Citizenship Law from parliament. Since the Lok
Sabha endorsed the Bill, United States has staunchly opposed this discriminatory, divisionary,
and anti-Muslim Act. The American federal panel on international religious freedom has
termed the controversial citizenship law as fundamentally anti-Muslims and its dangerous turn
in the wrong direction as it a directly against India's rich tradition of multiculturalism and
secularism. Recently, Japanese Prime Minister Shinzo Abe's cancelled his visit to India which
was scheduled to be held in Guwahati. After Japan, Bangladesh Foreign Minister AK Abdul
Momin and the country's Home Minister called off their visits to India amid agitations in the
northeast. Bangladesh Home Minister Asaduzzaman Khan, who cancelled his visit, was
scheduled to visit Meghalaya for an event. After the US, now the United Nations has
condemned this draconian Citizenship Amendment Act 2019 and asked for its review
immediately.10 The United Nations Human Rights (UNHR) office has termed India's
Citizenship Amendment Act 2019 as "fundamentally discriminatory in nature" for leaving out
Muslims and called for an immediate review.11 "We are concerned that India's new Citizenship
(Amendment) Act 2019 is fundamentally discriminatory in nature," UNHR spokesperson
Jeremy Laurence said in Geneva. The Office of the UNHCR hopes that new law will be
reviewed by the Supreme Court of India and hope it will consider the compatibility of the law
carefully with India's international human rights obligations. Intellectuals and writers across
the globe have compared the CAA, with all its discriminatory provisions, to the dishonourable

8
https://berkleycenter.georgetown.edu/responses/challenges-and-concerns-in-implementing-the-citizenship-
amendment-act-2019-in-india
9
https://www.epw.in/engage/article/citizenship-amendment-act-pitfalls-homogenising-identities-resistance-
narratives
10
https://www.refworld.org/pdfid/5e2579274.pdf
11
https://www.scobserver.in/cases/indian-union-muslim-league-citizenship-amendment-act-case-background/
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Nuremberg Laws of Nazi Germany. The Indian citizenship legislation, i.e., CAA closely
associated with the infamous Nuremberg Laws but mainly differ in detail but not in spirit, if
we examine meticulously.12

Losing Allies in Global Politics

If certain media allegations published in the world's main newspapers are to be believed, the
Indian government has inflicted a diplomatic self-goal and is steadily losing trusted allies and
worldwide partners in the international community. India must quickly recognise and remedy
this error, as well as address domestic political concerns. CAA has recently been criticised by
two US panels-the Commission on International Religious Freedom and the House Foreign
Affairs Committee-for undercutting democratic tenets. This is detrimental to India's foreign
policy goals and image overseas.13 Apart from a few committed members of the Indian diaspora
and a ragtag group of some EU MPs from the far-right, there has been no major global support
for the Indian government's series of acts. We have already seen difficult relations with
Bangladesh, Nepal, and Sri Lanka in the SAARC region. Due to a variety of factors, including
the removal of Article 370 in Jammu and Kashmir and now the citizenship bill, hostility and
vulnerability in Indo-Pak relations are at an all-time low. Many foreign leaders have remarked
on India's series of decisions that have placed the country in a unique position. French President
Emmanuel Macron, German Chancellor Angela Merkel, the United Nations High
Commissioner for Refugees, and even Norway's King Harald V have all been critical of India's
foreign policy and adoption of some policies.14

Strengthening India's foreign policy heft and outreach is one of the things for which the Modi
government deserves credit. India has established itself as a rising force in the previous six
years and has solidified its position on relevant international platforms. In fact, the United
States and other Western nations have grown to regard India as a critical democratic partner in
countering China's aggressive power projection in Asia, particularly in Southeast Asia. This is
especially true in the domains of trade and expanding proximity with Nepal, Sri Lanka, and the

12
https://www.business-standard.com/about/what-is-citizenship-bill
13
https://timesofindia.indiatimes.com/topic/citizenship-amendment-act
14
https://www.europarl.europa.eu/doceo/document/B-9-2020-0080_EN.html
 P a g e | 10

Maldives, as well as the Indian Ocean, where India was the most significant constraint to
China's progress. All of this raises the possibility of New Delhi withdrawing Article 370 in
Jammu and Kashmir, imposing a state-wide NRC or too stringent restrictions in the Northeast,
and staging a savage assault on student protestors in important colleges. Because of all these
negative trends, it would be a disaster if foreign governments and investors reconsidered
pegging India as a stable and viable democracy and instead re-hyphenated it with Pakistan.
Considering this, the government must consider whether pursuing the CAA is worthwhile.
Internally, the CAA is working against the Modi government's goal of creating a strong and
united India. It really needs to be rolled back. There's no harm in owning up to a blunder. If
that proves to be too tough, a ten-year moratorium might be established while greater consensus
is built.15

Economic Setback After CAA

Many conclusions can be derived from this set of understandings after the passage of
contentious citizenship law. The most fundamental difference is between those who believe the
international community has reacted harshly to denials of justice and minority' rights. On the
other hand, some analysts see the developments as a severe economic setback for India. India's
economic interests have been severely harmed by a trade dispute with Malaysia and the
suspension of defence supplies to Turkey.16 Some important political decisions made by the
current administration have seriously jeopardised India's interests, putting the economy in
jeopardy. India has been experiencing a "Great Slowdown," with its economy in critical
condition because of some rash decisions, such as demonetisation, the abrupt introduction of
the GST, and the revocation of Article 370 from the state of Jammu and Kashmir, the country
has been experiencing economic turbulence on multiple fronts. Josh Felman, a renowned
international economist, and former head of the IMF's India office, has stated that India is
experiencing multiple issues, including banks, infrastructure, NBFCs, and real estate
enterprises, and is locked in an unfavourable interest growth dynamic. Clearly, this isn't a
typical delay. The nation's stability, peace, and harmony are fundamental conditions for
attracting international investment. Good governance necessitates credibility, openness, and
accountability, all of which are becoming increasingly difficult to find under the current ruling
regime. Regular reports in the international media about prolonged lockdowns in many parts

15
https://www.ifri.org/sites/default/files/atoms/files/ahmed_amendment_act_complet_2020.pdf
16
https://www.jagranjosh.com/general-knowledge/citizenship-amendment-bill-2019-1575981192-1
 P a g e | 11

of the country in the aftermath of CAA, citizens being denied internet access, many reports of
deep antipathy toward minorities, and a growing curfew culture are not encouraging signs of
genuine efforts to revive the economy.17

Conclusion

India has displayed a local attitude to international pressure, unfazed by UN censure and a slew
of negative foreign press coverage regarding ongoing turmoil due to the CAA and imminent
NRC. The CAA, by rejecting the UN observation and ignoring the concerns of the US, EU,
Middle East, and many other countries, may well have been Modi's most momentous foreign
policy action. Its consequences will be felt for months, if not years, to come, depending on
what the Modi government does next, as much of the international community decides to
isolate India from the diplomatic and global arena. In the current situation, given India's
adamant stance on contentious legislation and the subject of minority rights, it is safe to say
that India is on the verge of diplomatic isolation. Perhaps the lessons of history have
demonstrated the need of respecting the rights of ethnic and religious minorities. Pluralism,
tolerance, coexistence, and secularism are four concepts that must not be overlooked in national
politics since they influence a nation's foreign relations and global image. They are all essential
to international peace, security, and prosperity. The large-scale anti-CAA protests across India
have been taken seriously by the world liberal media, which has published the unhappiness
across communities daily. In the coming days, the widening communal split, along with
unfriendly relations with neighbouring countries, will be enough to re-ignite fault lines and the
possibility of conflict with Pakistan and China. South Asia cannot afford any military or armed
war, and India bears the primary responsibility for preventing regional conflict. Some of India's
recent actions have the potential to destabilise the South Asian peace process. India must
abandon the CAA and NRC, which were enacted with malice toward India's most substantial
community, Muslims. History has shown that those who have overlooked minorities' rights,
human rights, and citizens' rights to equality and liberty have paid a high price in the past.

Bibliography

1. Citizenship Amendment Bill 2019 was introduced by BJP led Modi Government in 17th Lok
Sabha by the Amit Shah, Union Home Minister 09.12.2019 and was passed on 10.12.2019,

17
https://www.uscirf.gov/sites/default/files/2020%20Legislation%20Factsheet%20-%20India_0.pdf
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with the majority of MP endorsed the CAB against the 80 MPs. The Bill was passed by the
Rajya Sabha on 11.12.2019 with 125 votes in favour and 105 votes against it

2. Rana Ayyub, India's protests could be the tipping point of authoritarianism, The Washington
Post, Dt 18.12.2019.

3. UN Press Release Dt 13.12.2019, also see, Explained- The Indian Express, New Delhi Dt
17.12.2019.

4. Anjana P. Chatterjee, Thomas Hansen and Christophe Jefferson, The Majoritarian State-
How Hindu Nationalism Changing India, Harper-Collins, 2019.

5. M P Jain, The Constitutional Law of India, LexisNexis Pub. New Delhi 2018

6. Faizaan Mustafa, Religious bases of citizenship would be a negation of secularism, Indian

7. Atul Nanda, Bad in law, poor in history, Indian Express, New Delhi Dt 27.12.2019

8. Dr Ambedkar and Democracy-An Anthology, Christophe Jefferson, Narender Kumar, Eds.

9. Neeraj Chandhoke, Rethinking Pluralism, Secularism and Tolerance, Sage Pub. New Delhi,
2019.

01. M P Jain, Constitutional Law of India, Lexis Nexis Pub, New Delhi